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bryce   23 May 2016

Gift deed

Dear Sir,

My grand mother has to properties in one property she has decided to make a  gift deed it to me and the other proprty he has made a will in the rest of her seven children. can the gift deed be challanges  by whom and what is the time duration after the gift deed it can be challanged.



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 5 Replies

Kumar Doab (FIN)     23 May 2016

You have posted that "My grand mother has to (two) properties. "


It is felt that it is self earned/self acquired property of your grandmother.


Which personal applies in this case e.g. ; Hindu Succession Act?


Is your grandmother alive?


If NO; Your grandmother died in which year?

 

If she is Hindu and her property is self acquired/absoloute to her then, :

 

She can gift  it to anyone in her life time and gift (if not conditional) shall confer ownership on donee with immediate effect.

She can give  it by a valid WILL to anyone in her life time, andit  shall confer ownership on beneficiaries after her death.

 

Te gift and deed and WILL can be contetsed on valid grounds and shall be subject to test of law.

 

bryce   23 May 2016

well i am a christian by religon, the two said properties

property on which she wants to do the gift deed is a ancestral property on which a convenyance deed is done and alll children have given their concern and their share has been given to them.

the property oin which she hsa made a will she is a tenant and want's to gift it to her seven children

under which the children will get the share on both the properties one by convenyance deed and second by her will.

 

My grand mother is still living but she is 81 yrs old

Kumar Doab (FIN)     23 May 2016

you may show all docs on record to an able counsel specialzing in family/property/revenue/civil matters at your location and understand merits before proceeding on your own.

 

SAA_Bombay (Pro)     23 May 2016

You need to check history of property. In case the property was first in name of father of your grand father, passed to grand father & after his demise passed to grand mother than it can be case of ancestral property. In this case, seven childrens can claim thier share. But in case the property was sole purchased by your grand father / mother than no one has right to challegence this gift deed. 

bryce   23 May 2016

Dear Sir,

The property is a ancestral property. but during the conveyance deed with the builder all the seven childern had given their consent and got their share  and my grandmother got a flat. so can they still challange the gift deed.


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